The World Trade Center Mosque and the Constitution

The plan to erect a mosque of major proportions in what would have been the shadow of the World Trade Center involves not just the indisputable constitutional rights that sanction it, but, providentially, others that may frustrate it.

Mosques have commemoratively been established upon the ruins or in the shells of the sacred buildings of other religions—most notably but not exclusively in Cordoba, Jerusalem, Istanbul, and India. When sited in this fashion they are monuments to victory, and the chief objection to this one is not to its existence but that it would be near the site of atrocities—not just one—closely associated with mosques because they were planned and at times celebrated in them.

Building close to Ground Zero disregards the passions, grief and preferences not only of most of the families of September 11th but, because we are all the families of September 11th, those of the American people as well, even if not the whole of the American people. If the project is to promote moderate Islam, why have its sponsors so relentlessly, without the slightest compromise, insisted upon such a sensitive and inflammatory setting? That is not moderate. It is aggressively militant.

Disregarding pleas to build it at a sufficient remove so as not to be linked to an abomination committed, widely praised, and throughout the world seldom condemned in the name of Islam, the militant proponents of the World Trade Center mosque are guilty of a poorly concealed provocation. They dare Americans to appear anti-Islamic and intolerant or just to roll over.

But the opposition to what they propose is no more anti-Islamic or intolerant than to protest a Shinto shrine at Pearl Harbor or Nanjing would be anti-Shinto or even anti-Japanese. How about a statue of Wagner at Auschwitz, a Russian war memorial in the Katyn Forest, or a monument to British and American air power at Dresden? The indecency of such things would be neither camouflaged nor burned away by the freedoms of expression and religion. And that is what the controversy is about, decency and indecency, not the freedom to worship, which no one denies.

Although there is of course no question of reciprocity—no question whatever of a church in Mecca or anything even vaguely like it—constitutionally and if local codes applied without bias allow, there is unquestionably a right to build. Reciprocity or not, we have principles that we value highly and will not abandon. The difficulty is that the principles of equal treatment and freedom of religion have, so to speak, been taken hostage by the provocation. As in many hostage situations, the choice seems to be between injuring what we hold dear or accepting defeat. This, anyway, is how it has played out so far.

The proponents of the mosque know that Americans will not and cannot betray our constitutional liberties. Knowing that we would not rip the foundation from the more than 200 years of our history that it underpins, they may imagine that they have achieved a kind of checkmate.

Their knowledge of the Constitution, however, does not penetrate very far, and perhaps they are not as clever as they think. The Constitution is a marvelous document, and a reasonable interpretation of it means as well that no American can be forced to pour concrete. No American can be forced to deliver materials. No American can be forced to bid on a contract, to run conduit, dig a foundation, or join steel.

And a reasonable interpretation of the Constitution means that the firemen’s, police, and restaurant workers’ unions, among others, and the families of the September 11th dead, and anyone who would protect, sympathize with and honor them, are free to assemble, protest and picket at the site of the mosque that under the Constitution is free to be built.

A reasonable interpretation of the Constitution means that no American can be forced to cross a picket line in violation of conscience or even of mere preference. Who, in all decency, would cross a picket line manned by those whose kin were slaughtered—by the thousands—so terribly nearby? And who in all decency would cross such a line manned by the firemen, police and other emergency personnel who know every day that they may be called upon to give their lives in a second act?

Michael Bloomberg, the mayor of New York, says of those who with heartbreaking bravery went into the towers: “We do not honor their lives by denying the very constitutional rights they died protecting.”

Mr. Mayor, the firemen, the police, the EMTs and the paramedics who rushed into those buildings, many of them knowing that they would die there, did not do so to protect constitutional rights. They went often knowingly to their deaths to protect what the Constitution itself protects: people, flesh and blood, men and women, mothers and fathers, sons and daughters, sisters and brothers. Although you yourself may not know this, they did.

The choice is not between abandoning them or abandoning the Constitution, for although the liberties the Constitution guarantees sometimes put us at a disadvantage even of self-preservation, they also make it possible for 300 million Americans to prevail—reasonably, peacefully, and within the limits of the law—against provocations such as this.

They make it possible to prevent the construction of the mosque at this general location—with no objection whatsoever to, but rather warm encouragement of, its construction elsewhere—not by force or decree but by argument, persuasion, and peaceable assembly. These are rights that the Constitution guarantees as well, and clearly it is one’s constitutional right to oppose the mosque, not to participate in the building of it, and to convince others of the same.

This small and symbolic crisis is not a test of constitutional liberties, for in regard to the question at hand the Constitution allows discretion. It is rather a test of how far America can be pushed, and America is not at all as powerless as it has been portrayed.

That is because the street in front of the mosque that the Constitution says can be built can be filled with people who can effectively protest it because the Constitution says that they are free. Those who do not fear to do so need only go there and stand upon their convictions, their beliefs, their reason, their laws, their history, and what is in their hearts.

Mr. Helprin, a senior fellow at the Claremont Institute, is the author of, among other works, “Winter’s Tale” (Harcourt), “A Soldier of the Great War” (Harcourt) and, most recently, “Digital Barbarism” (HarperCollins).